PART III: OTHER KEY OBLIGATIONS
Equality
31. Guarantees of equality and non-discrimination should be interpreted, to the greatest
extent possible, in ways which facilitate the full protection of economic, social and
cultural rights.
32. In ensuring effective equality in the enjoyment of economic, social and cultural
rights, Member States must pay particular attention to members of vulnerable and
disadvantaged groups. Such individuals are often disproportionately affected by a
failure of the State to ensure economic, social and cultural rightsxii and/or are direct
victims of discriminatory laws, policies and customary practices.
33. To ensure realisation of equal access to economic, social and cultural rights States
should ensure the provision of basic social services (such as water, electricity,
education and health care) and equitable access to resources (such as land and
credit) to members of vulnerable and disadvantaged groups.
34. The right to equality includes the adoption of special measures for the purpose of
securing the adequate advancement of members of vulnerable and disadvantaged
groups to enable their equal enjoyment of economic, social and cultural rights. This
means that in some cases States will have to take temporary special measures in
favour of these groups in order to reduce or suppress conditions that perpetuate
discrimination and to realise substantive equality.
35. Such temporary special measures should accelerate the improvement of the position
of vulnerable and disadvantaged groups to achieve their de facto or substantive
equality, and to effect the structural, social and cultural changes necessary to correct
past and current forms and effects of discrimination, as well as to provide them with
compensation. Consequently, such measures should not result in the maintenance
of separate rights for different groups and should be discontinued after their intended
objectives have been achieved.
36. Patterns of inequality based on race, ethnicity and religion are endemic to the region
and require comprehensive attention in national policies.
37. Due to entrenched patterns of sex/gender discrimination, women often do not enjoy
equality in relation to economic, social and cultural rights. States must abolish those
customary and traditional rules and practices which are major obstacles to the equal
enjoyment of rights by women and girls.
38. States should recognise and take steps to combat intersectional discrimination
based on a combination of (but not limited to) the following grounds: sex/gender,
race, ethnicity, language, religion, political and other opinion, sexuality, national or
social origin, property, birth, age, disability, marital, refugee, migrant and/or other
status.
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